Archive for the ‘Agency Q&A’ Category

NH Disclosure form page 1

As most New Hampshire agents know, there a have some changes to our Agency options with the adoption of Designated Agency and Facilitator.

All these changes become effective Jan 1 2009 and while no one has to adopt the changes right away they do need to use the new disclosure form immediately!

The new required Agency Disclosure form is now called Brokerage Relationship Disclosure and it is required to be used as of today January 1 2009.

The new form is 2 pages and it is the only Brokerage Disclosure form allowed to be used and approved by the NH REC.

It is posted on the NH Real Estate Commission website and on NHAR’s website.

If you’re showing homes and meeting the buyers for the 1st time make sure you are using this new form…Brokerage Relationship form.Disclosure form

Happy Selling in 2009!


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Good news! Governor John Lynch signed the Designated Agency Bill on May 6th. Effective date is Jan 1 2009. You can read the final version of the bill here http://www.gencourt.state.nh.us/legislation/2008/HB1384.html

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The New Hampshire Association of REALTORS just sent out this message from President Jim Lyons.Designated Agency bill a success!

Good afternoon,

For those who have not yet heard, House Bill 1384, the Designated Agency bill, passed the full Senate this morning (March 27), leaving the Governor’s signature as the only remaining step before it becomes law, with an effective date of Jan. 1, 2009.

The purpose of this message is to thank 2007 President Bonnie Guevin for having the foresight and courage to establish the 2007 Agency Task Force; and, to thank and congratulate the Agency Task Force members, under the leadership of Chair Kathy Roosa, for their efforts in providing the New Hampshire Association of REALTORS® the roadmap that led to the bill’s successful passage by the House and Senate.

It is sometimes no small feat to achieve victory within the New Hampshire legislative process. I am well aware of the political minefield awaiting any bill introduced; however, I am very pleased and proud that we were able to collectively represent the best interests of consumers and our members before the Legislature in a manner that proved to be credible. Thank you to our Public Policy Committee, with the guidance of Chair Jeff Keeler and Government Affairs Director Chris Nicolopoulos, for leading that effort at the State House.

With the Governor’s signature on HB 1384, we can begin the next steps to educate REALTORS® across New Hampshire on this important and beneficial enhancement to the Real Estate Practice Act.

Thank you all for your superb efforts!


Jim Lyons, REALTOR®
2008 President, NHAR

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But we’re getting closer…

Today with a standing room only crowd the New Hampshire Association of REALTORS board of directors voted to pass the recommended proposed Designated Agency legislation with some added language presented by the Exclusive Buyer agents. The language added appears in Italics below.

XII. Dual agency does not occur in firms that represent buyers only who have appointed designated buyers’ agents, or firms that represent sellers only who have appointed designated sellers’ agents within the firm.

It passed with hardly a whimper as a jammed room of state directors and visitors alike listened to a brief presentation and then cast a vote.

They cast a vote for all of us today and most importantly for the public. The consumer will finally, if this passes through legislation, get the representation they deserve!

How sweet it will be!

Caution…You Can Not act as a Designated Agent yet….If and I do mean If we get through the legislation process we’re looking at maybe 2009 before it becomes law! So Please don’t think you can do it now!

I’ll keep you updated as we go along. Feel free to post a comment or a question and I’ll do my best to get you the answer.

Read more here …What is Designated Agency?

Draft Copy of Proposed Designated Agency Legislation. Without the new language to XII added.

Designated Agency and Facilitation in NH

Till later


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On Wednesday Oct 17, the board of Directors of the New Hampshire Association of REALTORS will meet to vote on recommended proposed legislation which would allow NH REALTORS to act as Designated Agents or Facilitators.

Read my previous post for complete details Designated Agency and facilitation in NH.

Read also a draft copy of the legislation here draft-agency-legislation-9-12-07.pdf

NHAR’s Legal committee chair Mary Beth Rudolph describes what the NH version of Designated Agency would actually look like in the field.


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On Wednesday, October 17th a special Board of Directors meeting will be held at The New Hampshire Association of REALTORS in Concord. The sole purpose of this meeting will be to have a motion to approve the proactive legislation “Relative to Changes to the Real Estate Practice Act”. This is the legislation that, if approved, would enable the practice of designated agency and facilitation in New Hampshire.


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Attention NH Real Estate Agents…Important Information!

FAQ on the NEW Agency / Non-Agency Disclosure Form

 As many of you know, recently the New Hampshire Real Estate Commission made changes to their Rules and Regulations. These rules went into affect on May 1 2007.

Are you using the new form? Do you understand how to use the new form?

They updated the 1. Listing agreements, you click here to see the changes>>>Listing agreement changes

2. Buyer Agency agreements>>>Buyer Agency Contract

3. Dual Agency Consent agreement>>>Dual Agency

The changes are an attempt to bring the Rules in line with the Law and the way we practice Agency in New Hampshire.

The commission also required that we ALL use only ONE agency disclosure form. One that the commission created and has approved.


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